Identification Procedures

Question 1

What are types of pretrial identification procedures?

Answer 1

• fingerprinting
• blood samples
• lineups
• photographic identifications by a witness
• on the scene identifications
• show-ups

Question 2

How does a Defendant challenge a pre-trial identification?

Answer 2

Under:

• the 6th Amendment Right to Counsel
• Due Process Violation

Question 3

When/How does a Defendant challenge an identification process under the right to counsel?

Answer 3

If the D was not given a right to counsel in a post-charge lineup or show-up, they can challenge the identification on those grounds.

Question 4

When can a Defendant challenge an identification procedure under Due Process?

Answer 4

If an identification process is so necessarily suggestive that is creates a substantial likelihood of irreparable misidentification

Ex: witness said victim is a 6’2” black man and the lineup consists of 4 5’8” white men and one 6’2” black man)

Question 5

What factors should be considered to determine whether there is a substantial likelihood of misidentification?

Answer 5

• The opportunity of a witness to view the culprit at the time of the crime
• the witness’s degree of attention
• the accuracy of any prior description of the culprit
• the level of certainty of the witness
• the amount of time that elapsed between the crime and the confrontation